The Russellville Advertising and Promoting Committee has been operating illegally, according to a letter from Russellville City Attorney Trey Smith dated March 1.

"We are out of compliance with state law," said Brad Allen, chairman of the committee during a special-called meeting Friday. "We could possibly be sued and be held accountable."

Public money is at the heart of the issue.

Theresa Pelton, executive director of the commission, resigned during the committee's regular board meeting Feb. 16, saying she had accepted a job as director of marketing and training at Friendship Community Care.

But she remained employed as executive director and has been receiving full-time pay for two jobs.

Pelton said after the meeting she had been putting in at least 30 hours of work per week at the commission during the past three weeks while board members looked for her replacement. She worked about two hours at the Russellville Chamber of Commerce before or after her job at Friendship, and received forwarded phone calls, she said.

"The majority of the work is not done in the office," she said, noting it was networking skills that mattered most.

State law mandates the public service position be advertised 30 days with a two-week interview process afterward, making the earliest date to hire a replacement April 15.

The position has been advertised about one week and will close March 20. Pelton said eight applications have been received so far.

Many members seemed to have been caught off-guard by state law prohibiting two full-time jobs, especially because the executive director position had been part-time until last year, Allen said.

"I know she works above and beyond with the hours that it takes to do this job," Allen said. "She's done an excellent job."

Pelton began working at Friendship part-time with the committee's approval about a year ago as a way to supplement her income, she said. Part-time work is allowed, if the time is under 32 hours per week, said Raye Turner, Russellville mayor.

Turner said the perception of Pelton working two jobs might not be perceived well by the community.

"You can't serve two masters," she said, noting the city would be willing to take over Pelton's position short term.

But commission members worried that letting Pelton go without someone else in place could jeopardize events the commission has already scheduled. Six major events were already planned for the next four months.

"We've worked too hard to book these (events) and get these here, and I don't want to that to stop," Pelton said, noting she would do whatever it took to create a smooth transition.

Pelton said when she was hired in September 2004, she received only one hour of training, calling it "baptism by fire." With tourism growth and the committee's busy schedule and networking agendas, that kind of training seemed inadequate to many members. This year is already completely booked, she said.

"This job is so much about communication, that it's important to have a smooth transition," said Dr. Theresa Herrick, committee member.

Herrick made a motion to keep Pelton part-time, up to 15 hours, with posted hours where she would physically be at the Chamber of Commerce. An hourly pay-rate reduced from the $27,500 salary Pelton received as a full-time employee and a documented time sheet were added to the motion.

Pelton said Friendship was willing to be flexible and allow her to work with the A&P Commission until her position could be filled.